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San Jose Bankruptcy Blog

What Happens if I Receive an Inheritance After I File a Chapter 13 Bankruptcy Case?

March 25, 2014
by Ryan C Wood
Bankruptcy, Chapter 13, Chapter 7, Inheritance, Property of the Estate
0 Comment
By Ryan C. Wood A bankruptcy estate is created when a petition for bankruptcy protection is filed. Generally all real and personal assets you own at the time you file your bankruptcy case becomes part of the bankruptcy estate. There are certain assets that are not included in the bank
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Are California Unemployment Overpayments Dischargeable In Bankruptcy?

March 25, 2014
by Ryan C Wood
Bankruptcy Discharge, California, Unemployment Overpayment
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By Ryan C. Wood First of all there are many reasons why a California unemployment overpayment may happen. It is usually a shock for most people when they receive a letter that says they have to give back benefits they already received and spent. Hopefully there is no fraud involved. A
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What Happens to my Electricity or Gas Services If I File for Bankruptcy?

February 27, 2014
by Ryan C Wood
Bankruptcy, Dischargeable Debts, Utility Company
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By Ryan C. Wood Great question, especially if you owe your electric company or natural gas company quite a bit of money. In most jurisdictions you do not really have a choice of providers of your natural gas or electric service. So if you file for bankruptcy and owe your utility compa
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What Do I Do If a Creditor or Collection Agency Violates a Bankruptcy Order of Discharge

January 18, 2014
by Ryan C Wood
Chapter 7 Bankruptcy, Contempt, Violation of Bankruptcy Discharge
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By Ryan C. Wood Yes, it happens. Just because you filed for Chapter 7 or Chapter 13 bankruptcy and the Bankruptcy Court signed your order of discharge does not mean a creditor will not call you, write you a letter or even sue you to try and get paid on a debt that was discharged. They
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What If I Forgot to List a Debt or Creditor in Bankruptcy Petition?

December 14, 2013
by Ryan C Wood
Bankruptcy, Creditors, Forgto to List Debt, In re Perle, Listing Debts
0 Comment
By Ryan C. Wood First, it happens. Second, it is not the end of the world depending upon the circumstances. A recent Ninth Circuit Court of Appeals case, In re: Cery Bradley Perle addressed this very issue with some not normal circumstances. In the Perle case a creditor tried to chall
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Yes, You Must Disclose All of Your Assets When Filing for Bankruptcy, See Jones v. United States 12-00440

December 06, 2013
by Ryan C Wood
Bankruptcy Code 727(a)(4)(A), Bankruptcy Code 727(d), Disclosure of Assets, Revocation of Discharge
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By Ryan C. Wood On November 6, 2013, I wrote a blog article about how a discharge of your debts by filing bankruptcy can be taken away or revoked after being entered by the Bankruptcy Court pursuant to Section 727(d)(1), (2) and (3) of the Bankruptcy Code. Ironically the Ninth Circuit
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Non-Filing Spouses’ Separate Property and Bankruptcy

November 20, 2013
by Ryan C Wood
Bankruptcy, Community Property, Non-Filing Spouse, Separate Property
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By Ryan C. Wood In California and the other eight community property states in the United States separate property versus community property is an issue if you are married. Generally, separate property is property a spouse had at the time they were married or received by gift, bequest
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